Prem Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51867 of 2022 Arising Out of PS. Case No.-132 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Prem Lal Yadav Son of Ganesh Yadav Resident of Village - Sahora, P.S.- Gopalpur (Rangra O.P.), District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Gopalpur (Rangra OP) P.S. Case no. 132 of 2022 instituted for the offence under Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 50 liters country made liquor, 100 liters semi-prepared liquor and other articles which are used in preparing from the bank of Koshi River.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. The petitioner has no concern with the

Patna High Court CR. MISC. No.51867 of 2022(2) dt.15-11-2022 2/2 alleged recovery of illicit liquor or with the place of occurrence. The name of the petitioner has been disclosed in this case by the local Chaukidar. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Gopalpur (Rangra) P.S. Case no. 132 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge ExciseI, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T